New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 161

161 Evidence as to use of drugs

(1) In any proceedings for a correctional centre offence that are being dealt with under the Act by the governor or a Visiting Magistrate, and in which it is alleged that an inmate has been under the influence of a drug or that a drug has been present in the inmate's body or urine, a certificate signed by an authorised officer to the effect that--

(a) the correctional officer received a drug test sample obtained in a specified way, or

(b) the correctional officer arranged for the sample to be submitted for analysis by an analyst to determine the presence of any drugs in the inmate's body or urine, or

(c) the container was sealed, and marked or labelled, in a specified way,

is admissible in evidence of the facts so certified.

(2) In any proceedings referred to in subclause (1), a certificate signed by an analyst to the effect that, on a specified day--

(a) the analyst received for analysis a container holding a drug test sample, or

(b) the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified way, or

(c) the analyst carried out an analysis of the sample to determine the presence of drugs in the sample, or

(d) the analyst determined that a specified drug was present or was present to a specified extent in the sample, or

(e) the analyst was, at the time of the analysis, an analyst,

is admissible in evidence of the facts so certified.

(3) In any proceedings referred to in subclause (1)--

(a) evidence that an analyst received a container holding a drug test sample, being a container that was marked or labelled to indicate that it held a drug test sample obtained from a specified inmate on a specified day, is evidence that the sample was a drug test sample obtained from that inmate on that day, and

(b) evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the analyst.